WinnerLex

The WinnerLex corporate law practice covers a wide range of issues that arise in the day-to-day operations of legal entities and related to their creation, operational management, decision-making by owners, reorganization, purchase and sale of corporate rights, liquidation and more.

The corporate structure of any business should be as consistent as possible with the existing relationships between owners, create reliable mechanisms of interaction between owners and management, facilitate the adoption of prompt decision-making by all links of corporate governance, contain effective fuses to control the activities of management.

Joint stock companies management is more complex in comparison with corporate governance in other organizational forms of legal entities, such as the same limited liability companies, as it requires periodic general shareholder meetings, the construction and adjustment of a complex supervisory board management structure, executive body, of revision committee, consideration in the decision-making process relationships with shareholders and significant number of regulatory legislation acts, and cooperation with the National Securities and Stock Market Commission and the National Depository of Ukraine.

Therefore, professional corporate law services in the creation of new legal entities will help determine the choice of the optimal legal form and corporate structure, depending on the number of business partners, the relationship between them, the types of business activities that are planned.

If the business is already established, the WinnerLex attorneys can analyze the existing corporate structure for compliance with the current legislation and the interests of the owners and provide recommendations for its improvement.

Legal registration of decisions of higher management bodies of companies on important issues of activity requires a qualified approach. Making such decisions in strict compliance with all requirements of the law is especially important when such decisions are subject to state registration, or when it comes to the decision of the general meeting of a joint stock company, which is monitored by the National Securities and Stock Market Commission.

For joint-stock companies, legal support of the general meeting is necessary already from the stage of preparation to the convening of the general meeting and draft decisions, which will be on the agenda, to the completion of the adopted decisions and their state registration in necessary cases.

Quite often, business owners or shareholders need the assistance of a lawyer to resolve corporate disputes related to the ability to participate in the management of a business and / or to generate revenue from its activities and may be the result of a conflict between the co-owners, or with the company itself, in including its unscrupulous management.

Effective protection of the interests of the business owner or shareholder in such cases should be comprehensive and may involve both extra-judicial measures to defend their position and initiate appropriate lawsuits to achieve the desired result.

Can not without corporate law professionals in such business processes as mergers and acquisitions, as they may need to bring the corporate structure of the business into an easy-to-sell state and conduct a legal audit of the company (due diligence) in the interests of the potential buyer, and merger or acquisition agreemen talso require proper legal clearance and implementation.

Thus, it is obvious that a competent solution to any corporate issue requires the assistance of professional lawyers.
Our attorneys will develop for you the optimal scheme of governing bodies of the organization, prepare statutory and other necessary internal documents, register the creation of a legal entity, resolve issues regarding the exit of old and new members of the company, accompany the process of merger and acquisition of business, organize interaction between the company and its shareholders (participants), will establish cooperation with the National Securities and Stock Market Commission, the National Depository of Ukraine.

In case of corporate disputes, WinnerLex attorneys will qualitatively protect the interests of their Clients both in courts and out of court.

The main purpose of our legal support for enterpreneurs is to let our Clients to conduct their business comfortably without being distracted by issues that can be resolved by competent lawyers, as our team aims to create the conditions for your business without legal barriers.

For this reason, in our work we do our best to expeditiously anticipate the possible legal risks in our clients’ business projects and to avoid their negative consequences.

WinnerLex provides as systematic comprehensive legal support for ongoing corporate activities, as legal support of individual corporate projects.

Our experience in supporting clients shows that even constant business partners can face a such fundamental misunderstanding that it is possible to resolve the dispute only in court. And when the opponent is the government authority, then the litigation is almost always don`t have an alternative to solve a dispute. It is a faithful, civilized way of asserting one’s rights. In some cases, this is the only way.

One of the key areas of activity for WinnerLex is litigation practice – representation of entities and physical persons in general courts, commercial and administrative courts at any stage of the case, as well as at the stage of execution of the court decision.

The knowledge and experience of our court attorneys allow us to give high level protection for our clients` interests in courts on a wide range of issues, as evidenced by the positive statistics of winning cases for significant sums, as well as the recommendations from our changeless clients.

For a long time in Ukraine, labour law issues were limited to labour disputes between employees and employers regarding non-payment of wages, illegal dismissal, etc.

Recently, however, the issue of compliance with labour law has become particularly relevant because of the increased liability of the employer for such violations.

The labour law of Ukraine is the most outdated and not adapted to modern business realities, since the main normative acts governing labour relations in Ukraine are the Soviet Labour Code of 1971 and ratified ILO Conventions since 1921.

The socialist model of labour relations has long been out of tune with the contemporary realities and demands of business, so in practice many questions are raised regarding the enforcement of outdated labour standards.

In addition, the current labour law does not take into account the peculiarities of labour relations, depending on the specifics of the business industry, since labour relations in the IT sector are significantly different from the agrarian sector, but regulation is the same by the Labour Code.

In addition, the existing regulatory framework for employment relations has a significant imbalance between the rights / obligations of employers and employees in favor of the latter. For example, an employee has the right to dismiss at his own request and to leave work within 2 weeks from the date of such request and writing a statement, and the employer is not entitled to dismiss at the request of the employees – only by the agreement of the parties. In addition, many other decisions by the employer have to be agreed by the trade union committee or by an authorized labour body. And there are many more examples.

Therefore, modern labour relations between the management of the entity and employees do not have current legal regulation sometimes, which in practice leads to different interpretation of the rules and behavior of the participants themselves.

Such lack of regulation, and even more so ignorance of current labour standards, can cause in practice not only internal labour conflicts, but also problems with the controlling bodies, in particular, with the bodies of the State Labour of Ukraine and the State Tax Service.

Another unpleasant thing here is the fact that State Labour inspectors have the right to transmit to law enforcement agencies, including tax authorities, information about detected violations, which, in addition to liability for violations of labour law, may result in tax deductions and penalties. Then the client’s favorable outcome of the case depends only on the quality of work of a labour law lawyer.

In addition, according to legislation the employer violation of labour rights of employees entail financial liability (in the form of excessive fines), as well as bringing officials of employers to administrative and criminal liability. However, with regard to criminal responsibility, the Criminal Code of Ukraine does not clearly define what violations can be the basis for liability, and only “gross violation of labour law” which is an evaluative category at the discretion of the judge is indicated.

Therefore, timely legal reaction to risks in the labour relationship, proper maintainance of all necessary documentation, support in relations with the supervisory authorities always helps to minimize financial risks and other liability risks, and also ensures the formation of a reputation of the client as a reliable employer and taxes payer.

For many years, WinnerLex has specialized in protecting businesses and employers in labour relations, and represents the interests of business executives.